Old House Issue

Discussion in 'General Chat' started by OneEyedStuart, Aug 9, 2006.

  1. OneEyedStuart

    OneEyedStuart
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    Hi,

    any and all advice appreciated.

    GF and myself moved into a new house a couple of weeks ago.

    The guy who moved into GF's ex house has now sent a letter to our solicitor saying that one of the upstairs bedrooms is leaking and he will be claiming off GF for the repair and the repair to the extensive water damage.

    Before GF vacated the house we were unaware of any leak, we did a good clean through the house prior to the move. I'm sure if it was extensive then it would have been easily spotted.

    Currently the guy's getting a plumbers report and I've instructed our solicitor to wait for this before deciding what to do.

    However if anyone has any suggestions then I would appreicate them as this has really scunnered us :(

    Thanks
    Keith
     
  2. Mr_Wistles

    Mr_Wistles
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    Did he have a survey?
     
  3. OneEyedStuart

    OneEyedStuart
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    Oh aye he had a survey and the initial word from our solicitor is "Well you bought it like that, your survey should have been better"

    He's trying to say though that the water damage occurred after his survey !!!

    If this is the case then it surely wouldn't be extensive otherwise we would have seen the waterfall running down the wall !!!

    I think he's trying it on to some degree, it's just a worry at the moment.

    Thanks
    Keith
     
  4. Mr_Wistles

    Mr_Wistles
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    Sounds like your safe mate, if he had a survey and it didn't pick it up. I doubt a solicitor will take the case to sue you for the damages.
     
  5. OldAndSenile

    OldAndSenile
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    As it's no longer her house, and he had the survey done and accepted it's results, I don't think he has a leg to stand on.

    It's his responsibility to take it up with the surveyors if he thinks they missed something fundamental, but honestly, they'll just tell him that he should have inspected the house thoroughly himself as well...
     
  6. OneEyedStuart

    OneEyedStuart
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    His solicitor is his sister, the letter our solicitor recieved was from her.

    Thanks
    Keith
     
  7. mjn

    mjn
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    I wouldn't worry about it.
     
  8. Mr_Wistles

    Mr_Wistles
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    How much is he after?
     
  9. OneEyedStuart

    OneEyedStuart
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    He's not mentioned any price just now, that's why we're waiting on the plumbers report. All he has siad is he wants the cost of the repair covered and the cost of repairing this extensive water damage.

    Keith
     
  10. hufartd

    hufartd
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    Assuming she is in scotland there will be a time limit for this sort of issue to be reported back to you. Heating faults etc
    This will be stated in the missives.
    I think generally this is seven days (mine was). But I know it can vary.
    P.s don't take the plumbers report as gospel and ask for physical evidence.
    ie sections of dodgy pipework etc .
     
  11. Mr_Wistles

    Mr_Wistles
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    I wouldn't ask for anything as it shows you may be willing to pay.
     
  12. OneEyedStuart

    OneEyedStuart
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    hufartd - We are in Scotland, this came in on the 7th day, the final day he had a chance to complain about anything.

    Russell - I'm not explicitly asking for anything just now. His original letter indicates a copy of the plumbers report will go to my solicitor.

    At this point I'll decide what to do, my instinct just now is to let the solicitor handle it, however that's not going to be cheap either lmao.

    Thanks
    Keith
     
  13. imightbewrong

    imightbewrong
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    When we moved into our new house recently we discovered that the shower leaked and water came pouring (really pouring!) through the kitchen ceiling. We had a survey done - a 'Homebuyer's report' I believe but it didn't explicitly mention the shower. We didn't try the shower while looking around (note to self - try the shower first next time!). Luckily nothing was damaged (despite me having a 10 minute shower as there was no-one else in the house to stop me) as we have a stone floor downstairs. Anyway, we mentioned this to the solicitor saying they must have known about it as such, but Caveat Emptor and all that - basically it's our problem. Luckliy it's not going to cost much to fix and we can re-model the bathroom at the same time, which we were going to anyway.

    Anyway, in a nutshell, I think you are in the clear.
     
  14. OneEyedStuart

    OneEyedStuart
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    Thanks for all of your replies guys, I feel alittle better about the whole thing. I'm off now, leaving the office and heading back home.

    As the net is not yet up and running in the new place I'll check back on here tomorrow.

    Thanks
    Keith
     
  15. Mrs AutomanUK

    Mrs AutomanUK
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    I think if they are going to get nasty about it, perhaps he should prove that it didn't happen AFTER HE moved in and he is now trying it on as perhaps he has not got insurance sorted out. Is he claiming that items were damaged or just structural ? Why would anyone put anything somewhere near where it is going to get waterlogged ? You just wouldn't would you? If there was evidence of a leak on the day he arrived ( ie damp patches or marks on the walls) he should have told you that day. I would tell your solicitor to ignore him as the house is his now, it's up to him to deal with it.
     
  16. OneEyedStuart

    OneEyedStuart
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    Time to resurrect an older thread.

    Well we decided to let the solicitor handle it. 7 weeks ago he wrote back to the purchaser saying this was a load of nonsense ( in legal terms of course ) and if he wanted to take then matter further then so be it.

    As yet we have not heard back from the purchaser. I contacted our solicitor on Friday to wonder what was happening and he's now not persuing the matter as he doesn't want the purchaser's solicitor to be reminded of the fact after our intial response. He's also not charging us for the letter he sent out to the purchaser :thumbsup:, I almost fell off my seat.

    Our gut instinct, perhaps, hope, that after 6 weeks then he's decided against any further action, however he is within his right in Scotland to persue this matter any time within the next 5 years.

    So if you see me come on here ranting and raving, again, you know why.

    Thanks all.
    Keith
     

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